113. Captain FABERasked the Secretary of State for the Home Department whether his attention has been called to the case of Albert Stockwell, of Andover, who was lately fined 1s. and 10s. 6d. costs 391 in each case for the non-attendance at school of his two daughters; whether he is aware that Section 8 of the Summary Jurisdiction Act, 1879, lays it down that if the fine does not exceed 5s. the defendant shall not be ordered to pay costs, and that in a circular by Mr. Gladstone in 1906 it was stated that he was much afraid that in some courts it was a matter of routine for defendants to pay costs; and what steps can be taken to stop this?
§ Mr. McKENNAI have made inquiry in this case and am informed that the magistrates considered it very carefully and came to the conclusion that it was one in which a special order for costs should be made under Section 8 of the Summary Jurisdiction Act, 1879. The Section allows this to be done. If the defendant had not been ordered to pay costs, a heavier fine would have been imposed. I have no authority to interfere with the magistrates' discretion in the matter, but I hope shortly to introduce legislation to amend the present law.